106448 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 

1 The contents of this guidance do not have the 

force and effect of law and are not meant to bind 

the public in any way. This guidance does not 

establish new requirements. This memorandum is 

intended only to provide clarity to the public 

regarding existing requirements under the law or 

agency policies. 

2 This guidance replaces guidance issued by CEQ 

on September 14, 2020 (85 FR 60137 (Sept. 29, 

2020)), September 29, 2016, May 12, 2010, and 

September 8, 2005. CEQ rescinds the prior 

guidance. 3 See https://www.ecfr.gov/current/title-40/ 

chapter-V/subchapter-A. 

4 43 FR 55977 (Nov. 29, 1978). 

5 85 FR 43304 (July 16, 2020); 89 FR 35442 (May 

1, 2024). 

6 A synopsis of previous alternative arrangements 

is available at www.NEPA.gov. 

personnel and to be able to respond to 

a collection of information, to search 

data sources, to complete and review 

the collection of information; and to 

transmit or otherwise disclose the 

information. All written comments will 

be available for public inspection on 

regulations.gov. 

Carly Bruder, 

Acting Chief Program Officer. 

[FR Doc. 2024–31193 Filed 12–27–24; 8:45 am] 

BILLING CODE 6050–28–P 

COUNCIL ON ENVIRONMENTAL 

QUALITY 

Emergencies and the National 

Environmental Policy Act Guidance 

AGENCY: Council on Environmental 

Quality. 

ACTION: Notice. 

SUMMARY: On December 18, 2024, the 

Council on Environmental Quality 

(CEQ) issued guidance in a 

memorandum to the heads of Federal 

departments and agencies (agencies) to 

assist agencies with compliance with 

the National Environmental Policy Act 

(NEPA) during emergencies. The CEQ 

regulations implementing NEPA 

provide for alternative arrangements 

during emergencies when an agency’s 

action is likely to have significant 

effects and would require preparation of 

an environmental impact statement. 

This guidance also addresses 

compliance with NEPA when the action 

is unlikely to have significant effects 

and might require preparation of an 

environmental assessment or 

application of a categorical exclusion. 

DATES: This guidance was issued on 

December 18, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Jomar Maldonado, Director for NEPA, 

202–395–5750, 

Jomar.MaldonadoVazquez@ceq.eop.gov. 

SUPPLEMENTARY INFORMATION: 

Memorandum for Heads of Federal 

Departments and Agencies 

FROM: Brenda Mallory, Chair 

SUBJECT: Emergencies and the National 

Environmental Policy Act Guidance 

This guidance 1 updates and replaces 

previous guidance from the Council on 

Environmental Quality (CEQ) on the 

environmental review of proposed 

emergency response actions under the 

National Environmental Policy Act, 42 

U.S.C. 4321–4347 (NEPA).2 Federal 

departments and agencies (agencies) 

should distribute this guidance as part 

of their general guidance on emergency 

actions to agency offices that are or may 

become involved in developing and 

taking actions in response to 

emergencies. 

As agencies respond to situations 

involving immediate threats to human 

health or safety, or immediate threats to 

valuable natural resources, they must 

consider whether there is sufficient time 

to follow the procedures for 

environmental review established in 

CEQ’s National Environmental Policy 

Act Implementing Regulations, 40 CFR 

parts 1500 through1508 (CEQ NEPA 

regulations),3 and their agency NEPA 

procedures. 

CEQ established the regulation 

addressing alternative arrangements in 

emergency circumstances in 1978 4 and 

amended it in 2020 and 2024 5 to clarify 

that it provides for alternative 

arrangements for agencies to comply 

with section 102(2)(C) of NEPA (42 

U.S.C. 4332(C)). See 40 CFR1506.11. 

Alternative arrangements do not waive 

the requirement to comply with NEPA. 

Rather, they establish an alternative 

means for NEPA compliance. CEQ has 

approved, and agencies have applied 

successfully, numerous alternative 

arrangements to allow a wide range of 

proposed actions in emergency 

circumstances including natural 

disasters, catastrophic wildfires, threats 

to species and their habitat, economic 

crises, infectious disease outbreaks, 

potential dam failures, and insect 

infestations.6

This guidance includes two 

attachments with step-by-step guides to 

help agencies when planning for and 

responding to emergencies. Attachment 

1 provides agencies with a process for 

determining the appropriate path 

forward for the NEPA environmental 

review of all actions proposed in 

response to an emergency situation and 

what steps to take depending on the 

appropriate level of NEPA review. 

Attachment 2 provides guidance for 

preparing a concise and focused EA for 

emergency actions. 

Environmental Impact Statements 

The CEQ regulations, at 40 CFR 

1506.11, provide for alternative 

arrangements for NEPA compliance in 

emergency situations when the agency 

proposal has the potential for significant 

environmental effects and would 

require an environmental impact 

statement (EIS) if the situation were not 

an emergency: 

Where emergency circumstances 

make it necessary to take an action with 

significant effects without observing the 

provisions of the regulations in [40 CFR 

parts 1500 through 1508], the Federal 

agency taking the action shall consult 

with the Council about alternative 

arrangements for compliance with 

section 102(2)(C) of NEPA. Agencies 

and the Council shall limit such 

arrangements to actions necessary to 

control the immediate impacts of the 

emergency; other actions remain subject 

to NEPA review consistent with [40 CFR 

parts 1500 through 1508]. Alternative 

arrangements do not waive the 

requirement to comply with the statute, 

but establish an alternative means for 

NEPA compliance. 

Agencies develop these alternative 

arrangements, based on emergencyspecific facts and circumstances, during 

consultation with CEQ. The alternative 

arrangements developed by an agency 

address the actions necessary to control 

the immediate impacts of an emergency. 

The long-term response to the 

emergency, including recovery actions, 

remains subject to the regular NEPA 

process set forth in the statute and the 

CEQ NEPA regulations. 

Here again, alternative arrangements 

do not waive the requirement to comply 

with the statute, but establish an 

alternative means for NEPA compliance 

from the process set forth in the CEQ 

NEPA regulations. Alternative 

arrangements for NEPA compliance do 

not satisfy or alter other legal 

requirements, including other 

environmental legal requirements 

(except as provided by other applicable 

statutes or regulations); however, 

engaging other resource and regulatory 

agencies about other environmental 

requirements during development and 

implementation of alternative 

arrangements for NEPA compliance can 

potentially facilitate meeting other 

environmental compliance 

requirements. Final agency action taken 

pursuant to alternative arrangements for 

compliance with NEPA under 40 CFR 

1506.11 may be subject to judicial 

review if a statute, such as the 

Administrative Procedure Act, provides 

for such review. 


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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 106449 

7 See Agency NEPA procedures, for example: 

Department of Homeland Security Instruction 

Manual 023–01–001–01, Revision 01 at VI–1, 

https://www.dhs.gov/sites/default/files/ 

publications/DHS_Instruction%20Manual%20023- 

01-001-01%20Rev%2001_508%20Admin%

20Rev.pdf; U.S. Forest Service, 36 CFR 220.4(b), 

https://www.ecfr.gov/current/title-36/chapter-II/ 

part-220/section-220.4; and Department of the 

Interior, 43 CFR 46.150, https://www.ecfr.gov/cgibin/retrieveECFR?gp=&SID=2a2ce144c79da6f3

e773bfa9cdf17bcf&mc=true&n=sp43.1.46

.b&r=SUBPART&ty=HTML#se43.1.46_1150. 

8 40 CFR 1501.5, 1501.6, and 1501.9 (these 

regulations address required content and public and 

governmental engagement for preparing EAs and 

findings of no significant impact). 

Attachment 1 describes the factors for 

an agency to address when requesting 

and designing alternative arrangements. 

Once the agency and CEQ develop the 

alternative arrangements, CEQ will 

provide documentation detailing the 

alternative arrangements and the 

considerations on which they are based. 

Environmental Assessments 

When agencies are considering 

proposed actions that are not likely to 

have significant effects or the 

significance of the effects are unknown, 

the agency can prepare a concise, 

focused environmental assessment (EA). 

Attachment 2 of this memorandum 

provides guidance for preparing an EA. 

Some agency NEPA procedures provide 

processes for preparing EAs for 

emergency actions,7 which the CEQ 

NEPA Regulations encourage agencies 

to include in their procedures. For 

emergency actions that require 

preparation of an EA, agencies should 

not delay taking action necessary to 

address immediate threats to human 

health or safety, or immediate threats to 

valuable natural resources. Agencies 

should follow any agency-specific 

direction regarding preparation of an EA 

for emergency actions, which may 

include preparing an EA before, during, 

or after the emergency. Agencies must 

continue their efforts to notify, inform, 

and engage with the affected public and 

relevant Federal, State, Tribal, and local 

governments and agency representatives 

of the Federal agency activities and 

proposed actions. Agencies must 

comply with the CEQ NEPA regulatory 

requirements implementing the statute 

for content, interagency coordination, 

and public engagement to the extent 

practicable.8

Attachment 1 

Process for Emergency Actions Under the 

National Environmental Policy Act (NEPA) 

This attachment provides a step-by-step 

process for managing the NEPA review of all 

actions proposed in response to an 

emergency situation, consistent with the 

Emergencies and the National Environmental 

Policy Act Guidance. In the case of an 

emergency: 

1. Do not delay immediate actions 

necessary to secure lives and safety of 

citizens or to protect valuable resources. 

Consult with CEQ as soon as feasible. Please 

coordinate any communications with your 

Federal agency NEPA contacts. 

2. Determine if NEPA applies and the 

appropriate level of NEPA analysis: 

D Determine if a Federal agency is taking 

the proposed action (e.g., city or State action 

does not trigger NEPA; Federal decisions to 

fund city or State action may trigger NEPA, 

depending on the nature of the funding 

arrangements) or is exempt from NEPA (e.g., 

certain Federal Emergency Management 

Agency response actions under the Stafford 

Act are statutorily excluded from NEPA; 

additional information is available at https:// 

www.fema.gov/emergency-managers/ 

practitioners/environmental-historic/laws/ 

nepa/statutory-exclusions). 

D If the Federal agency’s proposed 

emergency action is not statutorily exempt 

from NEPA, and the agency has a categorical 

exclusion (CE) that covers the type of 

activity, then apply the CE unless there are 

extraordinary circumstances that indicate 

using the CE in this particular case is not 

appropriate. Agency NEPA personnel can 

assist in identifying agency-specific actions 

that are categorically excluded. Additionally, 

the agency should review CEs established in 

other agencies’ NEPA procedures to 

determine whether there is a CE that would 

cover the agency’s proposed emergency 

action. If so, the agency may adopt and apply 

the CE consistent with 40 CFR 1501.4(e) and 

Section 109 of NEPA (42 U.S.C. 4336c). 

D If the proposed Federal agency emergency 

action is not statutorily exempt from NEPA, 

a CE is not available, and the agency does not 

expect the potential environmental effects of 

the proposed response activity to be 

significant, then an environmental 

assessment (EA) is appropriate. Where 

applicable, follow the agency’s emergency 

procedures as set forth in the agency’s NEPA 

implementing procedures, or prepare a 

focused, concise EA as described in 

Attachment 2. Alternative arrangements, as 

outlined at 40 CFR 1506.11, do not apply 

because the environmental effects are not 

expected to be significant. Agency NEPA 

personnel can assist in identifying agencyspecific actions that typically require an EA. 

D If the proposed Federal emergency action 

is not statutorily exempt from NEPA, and the 

agency expects it would have significant 

environmental effects, the agency should 

determine whether an existing NEPA 

analysis covers the action (e.g., implementing 

pre-existing spill response plans). If so, the 

agency may rely upon its existing analysis or 

adopt the analysis of another agency 

consistent with 40 CFR 1506.3. 

D If the proposed Federal emergency action 

is not statutorily exempt from NEPA, the 

agency expects it to have significant 

environmental effects, and an existing NEPA 

analysis does not cover the action, then the 

agency should consult with CEQ to 

determine whether alternative arrangements 

can take the place of an EIS. Contact CEQ to 

develop alternative arrangements under 40 

CFR 1506.11. CEQ encourages agencies to 

submit inquiries via email at nepa@

ceq.eop.gov. Agencies may also contact CEQ 

at (202) 395–5750. 

3. Factors to address when requesting and 

designing alternative arrangements include 

the: 

D Nature and scope of the emergency; 

D Actions necessary to control the 

immediate impacts of the emergency; 

D Potential adverse effects of the proposed 

action; 

D Components of the NEPA process that the 

agency can follow and provide value to 

decision making (e.g., coordination with 

Tribal Nations, affected agencies, and the 

public); 

D Duration of the emergency; and 

D Potential mitigation measures. 

Attachment 2 

Preparing Focused, Concise, and Timely 

Environmental Assessments 

An agency can prepare a concise and 

focused EA in a short time in those situations 

where: 

D There is no statutory exemption from 

NEPA requirements; 

D There is no CE that covers the action, or 

there are extraordinary circumstances 

requiring the preparation of an EA or EIS; 

D An existing NEPA analysis (EA or EIS) 

does not cover the proposed action; and 

D The environmental effects of the 

proposed actions are not likely to be 

significant. 

The following outline with notations 

addresses the core elements of an EA as 

required by 40 CFR 1501.5: 

D The purpose and need for the proposed 

action; 

D Alternatives, as required by NEPA section 

102(2)(H); 

D The description of environmental effects 

of the proposed action and the alternatives; 

D The list of agencies and persons 

consulted; 

D The unique identification number of the 

EA. 

Purpose and Need for the Proposed Action 

The agency should briefly describe 

information that substantiates the purpose 

and need for the action and incorporate by 

reference information that is reasonably 

available to the public. For example, ‘‘This 

agency is preparing to erect a temporary 

emergency response facility to replace 

facilities disrupted or destroyed by the 

[hurricane/flooding/contamination/etc.] to 

facilitate rescue or relief efforts in an effort 

to [minimize further adverse health 

conditions/restore communications/restore 

power].’’ 

The agency should briefly describe the 

existing conditions and the projected future 

conditions of the area impacted by the action. 

For example, ‘‘The area(s) in which the 

temporary facility will be located or relocated 

is identified in the attached map. This area 

consists of [add brief description of the 

environmental state of the area that will be 

affected by the location and operation of the 

facility, focusing on those areas that are 

potentially sensitive. The goal is to show that 

environmental effects have been considered 


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106450 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 

and the facts found indicate no significant 

impact (for example, refueling sites are not 

on top of aquifers, nesting areas, graves, 

sacred sites, etc.). These are examples to 

show the utility of and need to identify 

actual place-based environmental issues 

rather than compiling lists of environmental 

resources not at issue].’’ 

Proposed Action and Alternatives 

The agency should list and briefly describe 

its proposed action and reasonable 

alternatives that meet the purpose and need. 

The agency must use its discretion to ensure 

the number and reasonable range of 

alternatives is reasoned and not arbitrary or 

capricious. The purpose and need for the 

proposed action and its environmental effects 

should focus the alternatives. For example, 

the need to use existing infrastructure 

necessary to support the facility is a reasoned 

basis for focusing on a discrete number of 

alternatives. 

When there is no unresolved conflict 

concerning alternative uses of available 

resources with respect to the proposed action 

based on input from interested parties, the 

agency can consider the proposed action and 

proceed without consideration of additional 

alternatives. Otherwise, the agency must 

identify reasonable alternatives that meet the 

action’s purpose and need, consistent with 

section 102(2)(H) of NEPA. 

Environmental Effects of the Proposed Action 

and Alternatives 

The agency must describe the 

environmental effects of its proposed action 

and each alternative. 40 CFR 1501.5(c)(2)(iii). 

The description should provide enough 

information to support a determination to 

either prepare an EIS or a finding of no 

significant impact. 

The agency should focus on whether the 

action would significantly affect the quality 

of the human environment. The agency 

should follow the CEQ NEPA regulations in 

considering whether the effects of a proposed 

action are significant. See 40 CFR 1501.3(d). 

Agency NEPA contacts and contacts at 

resource agencies can assist in this effort. 

Tailor the length of the discussion to the 

complexity of each issue. Focus on those 

human and natural environment issues 

where effects are a concern. Telephone or 

email discussions with State, Tribal, and 

local governments and agencies and other 

Federal agencies that operate in the area will 

help focus those issues. 

The agency must discuss the effects of each 

alternative and may discuss those effects 

together in a comparative description or 

discuss each alternative separately. The 

agency should use the approach that will be 

most effective in the time available. The 

agency may contrast the effects of the 

proposed action and alternatives with the 

current condition and expected future 

condition in the absence of the action. This 

constitutes consideration of a no action 

alternative as well as demonstrating the need 

for the action. 

The agency should incorporate by 

reference data, inventories, other 

information, and analyses relied on in the 

EA. See 40 CFR 1501.12. CEQ encourages the 

use of digital references, such as hyperlinks. 

This information must be reasonably 

available for review by potentially interested 

persons. For example, include relevant 

existing programmatic agreements and 

generally accepted best management 

practices. 

The agency should be clear and concise 

about its conclusions and their bases. 

List of Agencies and Persons Consulted 

The agency must involve the public, State, 

Tribal, and local governments, relevant 

agencies, and any applicants, to the extent 

practicable in preparing EAs, and list the 

agencies and persons consulted. 40 CFR 

1501.5(c)(3) and 1501.5(f). For example, 

include the people, offices, and agencies that 

the agency coordinated with to ensure that 

the location of the action did not cause 

unintentionally an adverse effect. Also 

include information about individuals 

consulted to comply with substantive 

environmental requirements and regulations, 

for example: the Clean Water Act, the 

National Historic Preservation Act, and the 

Endangered Species Act (ESA). Note that the 

ESA emergency provisions at 50 CFR 402.05 

may be applicable to the proposed action. 

Authority: 42 U.S.C. 4321–4347; 42 

U.S.C. 4371–4375. 

Brenda Mallory, 

Chair. 

[FR Doc. 2024–30675 Filed 12–27–24; 8:45 am] 

BILLING CODE 3325–FC–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

[Docket Number DARS–2024–0038] 

Department of Defense Progress 

Payment Incentive Pilot 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Request for information. 

SUMMARY: DoD is seeking public input to 

inform the implementation of a section 

of the National Defense Authorization 

Act for Fiscal Year 2024 that authorizes 

DoD to establish a pilot program to 

incentivize performance for specific, 

measurable criteria under approved 

contracts by increasing the customary 

progress payment rate. 

DATES: DoD will consider all comments 

received by January 29, 2025. 

ADDRESSES: Submit comments to the 

questions provided below, using either 

of the following methods: 

Æ Federal eRulemaking Portal: 

https://www.regulations.gov. Search for 

‘‘Docket Number DARS–2024–0038.’’ 

Select ‘‘Comment’’ and follow the 

instructions to submit a comment. 

Please include your name, company 

name (if any), and ‘‘Docket Number 

DARS–2024–0038’’ on any attached 

document(s). 

Æ Email: osd.pentagon.ousd-as.mbx.dpc-pcf@mail.mil. Include ‘‘DoD 

Progress Payment Incentive Pilot’’ in the 

subject line of the message. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check https://

www.regulations.gov, approximately 

two to three days after submission to 

verify posting. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sara Higgins, telephone 937–200–4020. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 874 of the National Defense 

Authorization Act for Fiscal Year 2024 

authorizes the Under Secretary of 

Defense for Acquisition and 

Sustainment to establish and implement 

a progress payment pilot program to 

incentivize contractor performance on a 

contract-by-contract basis. By statute, 

the incentive criteria must be clear and 

measurable, and contractor participation 

must be voluntary. 

This notice requests comments and 

information from the public on DoD’s 

possible implementation of the pilot 

program, in accordance with section 

874. DoD is particularly interested in 

comments and information from 

companies currently in the Defense 

Industrial Base. 

B. Possible Implementation 

DoD is planning to focus the Progress 

Payment Incentive Pilot (PPIP) on 

payment time to subcontractors in order 

to improve cash flow throughout the 

supply base. This is a key interest area 

highlighted in the 2023 Defense 

Contract Finance Study, available at 

https://www.acq.osd.mil/asda/dpc/pcf/ 

finance-study.html. 

DoD is particularly interested in 

comments and information from all 

business sizes with regard to DoD’s 

notional eligibility and incentive 

criteria, and supporting documentation 

concept, especially the following: 

1. Eligibility Criteria 

Section 874 authorizes an increase of 

up to 10 percentage points higher than 

the current customary progress payment 

rate (80 percent for large businesses) for 

contractor performance against clear, 

measurable criteria on a contract-bycontract basis. To be eligible for the 

PPIP, a participant must be eligible for 

customary progress payments, and their 


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